The TND-1 Traditional Neighborhood Development District is intended
to reflect and support the properties and uses that are predominant
in the Village of Guthriesville, and to assure that new uses or changes
in use, and the dimensional and design standards to which they must
adhere, are compatible with the traditional, compact neighborhood
commercial character and complementary residential uses within the
village. Unobtrusive transition to the surrounding residential districts
is to be achieved. The district seeks to limit and appropriately manage
highway-oriented business uses. The standards of the TND-1 District
also are intended to address potential concerns relating to pedestrian
and vehicular access and off-street parking. Drawing upon the authority
of the traditional neighborhood development provisions of Article
VII-A of the Pennsylvania Municipalities Planning Code,[1] the TND-1 District also is designed to accomplish the
following:

Provide a manual of written and graphic design guidelines to assist
applicants in the preparation of proposals for traditional neighborhood
development in accordance with § 708-A of the Pennsylvania
Municipalities Planning Code.

Any of the following uses, either individually or in combination,
where the square footage of the total floor area of the principal
building or buildings is, or is proposed to be, less than 1,500 square
feet:

Editor’s Note: Former Subsection A(3)(i), concerning day-care facilities as a principal use, which immediately followed this subsection, was repealed 10-1-2015 by Ord. No. 07-2015. See now Subsection B(7).

Dwelling unit or units, when arranged to form an integral part of a building in which the ground floor, or at a minimum the front portion thereof, is constructed and maintained for any use permitted under Subsection B(3) herein, and when in compliance with § 399-40I, below.

Any of the uses listed in § 399-39A(3), either individually or in combination, where the square footage of the total floor area of the principal building or buildings is, or is proposed to be, 1,500 square feet or greater.

The regulations in this section shall be applicable only when, as a prerequisite, it can be demonstrated that adequate sewage facilities and water supply for the use in question can be provided and approved. Criteria for determining such adequacy shall include compliance with the requirements of this article and other applicable provisions of this chapter, as well as the requisite approvals and permits from the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection. Any proposed use for which water and/or sewage facilities are deemed inadequate to serve such use shall comply with the area and bulk regulations for single-family dwellings contained in § 399-34A of this chapter.

Minimum lot area. Except as otherwise specified by this chapter for particular uses, a net lot area of not less than 5,000 square feet shall be required in the TND-1 District for uses other than two-family and multifamily dwellings. Where the lot is to contain a combination of uses, as permitted in § 399-39, a minimum net lot area of 3,500 square feet per use shall be required.

Minimum front yard/build-to line. There shall be a front yard on
each tract or lot which shall be not less than five feet in depth
and shall be not more than 12 feet in depth, depending on whether
there is only a sidewalk 4.5 feet wide or a sidewalk 10 feet to 12
feet wide, as per the Sidewalks and Crosswalks section and the Typical
Section for Accessways, respectively, in the Guthriesville Village
Manual of Written and Graphic Design Guidelines.[1]

On each lot, there shall be no required side yard where buildings
are erected on the side lot line and share a common party wall with
a building on an adjacent lot. Where buildings are not so erected,
there shall be a side yard along each side lot line having a width
of not less than 7.5 feet.

Any accessory use structure may be located within a side or rear yard only and shall be in compliance with § 399-75 of this chapter, except that such structure may be located not less than five feet from any side or rear property line.

Maximum height. No building or other structure erected, altered,
or enlarged in the TND-1 District shall exceed a height of four stories
or 45 feet, whichever is less; provided, however, that no more than
15% of the total footprint of all buildings on any property in the
TND-1 District may exceed three stories or a height of 35 feet; no
such building shall exceed 45 feet in height.

A minimum of 1.5 off-street parking spaces shall be required for each dwelling unit; such spaces shall be in addition to the parking requirements for the nonresidential use or uses. In all other respects, off-street parking shall be in accordance with Article XV of this chapter. Where the calculation of parking spaces yields a total with a half space, the total number of required spaces shall be increased by rounding up to the next full number.

Where two or more dwelling units are to be created above the ground
floor, requisite approvals of interior layout, emergency exits, etc.,
shall be obtained from the Pennsylvania Department of Labor and Industry,
and a copy provided to the East Brandywine Fire Company upon receipt
of such approval.

Minimum front yard/build-to line. There shall be a front yard on
each tract or lot which shall be not less than five feet in depth
and shall be not more than 12 feet in depth, depending on whether
there is only a sidewalk 4.5 feet wide or a sidewalk 10 feet to 12
feet wide, as per the Sidewalks and Crosswalks section and the Typical
Section for Accessways, respectively, in the Guthriesville Village
Manual of Written and Graphic Design Guidelines.[1]

All dwelling shall be served by a community sewage system and a central water supply system. The proposals for sewage disposal and water supply shall comply with the terms of § 399-40A, above, and § 399-42K, below.

Common open space. It is not required that common open space be provided as part of the development of multifamily dwellings. Where common open space is provided; however, it shall comprise an area representing not less than 10% of the gross tract area. The use, design, maintenance, and ownership of any common open space areas shall be in accordance with the applicable standards contained in § 399-58C(5) of this chapter. In addition to the uses provided in § 399-58C(5)(f), common open space may be used as a village green, consistent with the Manual of Written and Graphic Design Guidelines.

Minimum front yard/build-to line. There shall be a front yard on
each tract or lot which shall be not less than five feet in depth
and shall be not more than 12 feet in depth, depending on whether
there is only a sidewalk 4.5 feet wide or a sidewalk 10 feet to 12
feet wide, as per the Sidewalks and Crosswalks section and the Typical
Section for Accessways, respectively, in the Guthriesville Village
Manual of Written and Graphic Design Guidelines.[2]

All dwellings shall be served by a community or public sewage system and a central water supply system. The proposals for sewage disposal and water supply shall comply with the terms of § 399-40A and § 399-42K, below.

For any residential use approved as a conditional use, a minimum
of 1.5 off-street parking spaces shall be required for each dwelling
unit. Where the calculation of parking spaces yields a total with
a half space, the total number of required spaces shall be increased
by rounding up to the next full number.

Sewage facilities and water supply. For any new use or change of
use that will result in water usage and/or sewage disposal needs which
will exceed those of the existing use of the property, the Zoning
Officer shall require the applicant to submit appropriate documentation
from the Chester County Health Department, the East Brandywine Township
Municipal Authority, and/or the Pennsylvania Department of Environmental
Protection, certifying the sufficiency of the proposed sewage facilities
and the quality and quantity of the proposed water supply in relation
to the proposed use or uses. The Zoning Officer shall, as he deems
it necessary, consult with the Township Engineer on any aspect of
the proposed sewage facilities or water supply and shall deny the
application where the proposed sewage facilities or water supply are
deemed to be inadequate.

A public realm plan shall be provided with all conditional use applications
to depict all existing and proposed sidewalks and crosswalks, street
trees, streetlights, pedestrian gathering areas, pedestrian amenities,
and other landscape and hardscape areas.

All proposals for conditional use approval within the Traditional
Neighborhood Development TND-1 District shall be consistent with the
amended Manual of Written and Graphic Design Guidelines in Appendix
B of this chapter, which Appendix B is incorporated by reference and
made a part hereof.[1]

Among its other considerations, the Board of Supervisors may, as it deems appropriate, require any applicant for a conditional use to prepare and submit a traffic impact study. Such study shall comply, at a minimum, with the requirements of § 350-37 of Chapter 350, Subdivision and Land Development; in addition, the applicant may be required to address specific measures to achieve satisfactory access management.

In order to determine compliance with the terms of this article,
and to maximize compatibility of any new or changed land use with
the existing village character of Guthriesville, any proposal for
a use authorized by right or conditional use within the TND-1 District,
with the exception of single-family detached and two-family dwellings,
conversion of a single-family dwelling, and an accessory dwelling,
shall require submission of a zoning compliance plan in accordance
with the terms of this section.

The zoning compliance plan, consisting of text and graphics, shall
be submitted to the Zoning Officer as part of an application for a
use and occupancy permit or for conditional use approval by the Board
of Supervisors.

When part of an application for a use and occupancy permit, the plan
shall be reviewed by the Zoning Officer within the time frame established
by this chapter for acting upon such applications. The Zoning Officer
may, as he deems necessary, seek further comment on the plan from
the Township Planning Commission, the Township Engineer, or other
parties he deems appropriate. Where the plan indicates that one or
more requirements of this chapter will not be complied with, the Zoning
Officer shall so notify the applicant and shall withhold issuance
of any use and occupancy permit until such noncompliance is remedied
or appropriate relief from such requirement is obtained from the Zoning
Hearing Board or the Board of Supervisors.

Where submitted in conjunction with an application for conditional use, the zoning compliance plan shall also address the requirements of § 399-137B(6) that are not otherwise included under the terms of this section. Upon completing his review of the application, as required in § 399-137C(1), the Zoning Officer shall report his findings to the Board of Supervisors for consideration during the public hearing on the conditional use application. The plan also shall be reviewed by the Township Planning Commission as part of its review of the conditional use application and recommendation to the Board of Supervisors.

Ownership. The tract of land to be developed shall be in one ownership,
or shall be the subject of an application filed jointly by the owners
of the entire tract, and shall be under unified control. If ownership
of the entire tract is held by more than one person or entity, the
application shall identify and be filed on behalf of all the said
owners. Approval of the plan shall be conditioned upon agreement by
the applicant or applicants that the tract shall be developed under
single direction in accordance with the approved plan. No site preparation
or construction shall be permitted other than in accordance with the
approved plan. If ownership of the tract changes subsequent to approval
of the plan, no site preparation or construction by such new owner
or owners shall be permitted unless and until such owner or owners
shall review the terms and obligations of the approved plan and agree
in writing to be bound thereby with respect to development of the
tract.